[If the defence has called evidence (or relies on an account in a police interview) and a Liberato direction is not considered necessary: , substantial impairment at , mental illness at .] What it means is that a person charged withĪ criminal offence is presumed to be innocent unless and until the Crown persuades a jury that the person is guilty beyond It is notįor the accused to prove his/her innocence but for the Crown to prove his/her guilt.Ī critical part of the criminal justice system is the presumption of innocence. There is no obligation on the accused to prove any fact or issue that is in dispute. That burden rests upon the Crown in respect of every element or essential fact that makes up the offence charged. A defendant’s actual innocence or guilt may be an abstraction.As this is a criminal trial the burden or obligation of proof of the guilt of the accused is placed squarely on the Crown. Verdicts do not necessarily reflect the truth, they reflect the evidence presented. If it cannot be proved without a doubt that the defendant is guilty, that person should not be convicted. Reasonable doubt stems from insufficient evidence. law, a defendant is considered innocent until proven guilty. Other commonly used standards of proof in criminal cases are probable cause, reasonable belief and reasonable suspicion, and credible evidence. Reasonable doubt is used exclusively in criminal cases because the consequences of a conviction are severe.Each juror must walk into the courtroom presuming the accused is innocent and it is the job of the prosecutor to convince them otherwise.If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime.
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